Effective on November 16, 2010
By using the Foodspotting site, you're agreeing to these terms
As a user ("You," "Your") of the Foodspotting site (“Site”), services ("Services"), and visual or verbal information ("Content") provided by Foodspotting ("Us," "Our," "We"), its users ("User Content" or "User Generated Content"), or partners from whom we may license data or content ("Partner Content" or "Third Party Content"), including, but not limited to, the Foodspotting website at http://www.foodspotting.com, the food@foodspotting.com email address, the Foodspotting application programming interfaces (“Foodspotting APIs”), and the mobile applications created by Foodspotting, you are agreeing to be bound by the following Terms and Conditions ("Terms of Service" or "Terms"). You acknowledge that these Terms are part of our Site Privacy Policy (“Privacy Policy”), which is incorporated by reference, and by accessing or using our Site, you agree to be bound by all of its terms and conditions. If you do not agree to these terms and the terms in our Privacy Policy, please do not access or use this Site or our Services.
Please read the information below to learn the following regarding your use of this Site:
You are responsible for any consequences of violating these terms
You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences (including any loss or damage which Foodspotting may suffer) of any such breach. If you have created an Account or contributed Content ("Your Content") to Foodspotting, you recognize that violation of these Terms may result in termination of your account and loss of access to Your Content contributed to Foodspotting.
The failure of Foodspotting to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
We may modify these terms without explicit notice
These Terms of Service apply to all current features and to new features that are added to the existing Service.
Foodspotting reserves the right to modify these Terms of Service without explicit notice. We will notify members with active accounts of material changes to these Terms of Service by email or by posting a notice on our Site. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review our current Terms of Service at any time at http://www.foodspotting.com/terms
These Terms of Service and the Privacy Policy, which can be found at http://www.foodspotting.com/privacy, constitutes the entire agreement between you and Foodspotting and govern your use of the Service, superseding any prior agreements between you and Foodspotting (including, but not limited to, any prior versions of the Terms of Service).
Content may not be accurate, use at your own risk
Because Foodspotting relies on User Generated Content, Third Party Content and links to Third Party Content, Foodspotting makes no claim of accuracy of any User Generated Content or Third Party Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. User Content and Third Party Content do not represent the advice, views, opinions or beliefs of Foodspotting.
All Content is the sole responsibility of the person who generated that content. We may not monitor or control the Content posted via the Services, and we cannot take responsibility for such Content.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of such websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Foodspotting. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You may encounter inappropriate content
By accessing the Service or following links to third-party websites you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. While Foodspotting does not endorse and reserves the right to remove such Content, you acknowledge and agree that Foodspotting cannot be responsible for such Content and that you nonetheless may be exposed to such materials.
Content may be protected by copyright laws
Content presented to you as part of the Service may be protected by intellectual property rights which are owned by the person providing that content to Foodspotting (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by Foodspotting or by the owners of that content, in a separate written agreement.
Content may be stored or transmitted by third party vendors
Foodspotting uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
The technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Mapping services are powered by Google
Some of the Service's mapping features are powered by Google Inc., the use of which is also governed by the terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.).
You are responsible for your mobile carrier's fees
The Foodspotting Service includes certain services that are available via your mobile phone. You are responsible for any fees charged by your mobile carrier for using Mobile Services, including but not limited to SMS messages sent to and received from Foodspotting.
You must create an account and provide accurate information
To access certain features of the Service and to contribute Your Content to Foodspotting, individuals 13 years of age or older may create an Account of behalf of themselves or a business.
To create an Account, you may be required to provide information about yourself (such as an email address). You agree that any registration information you give to Foodspotting will always be accurate, correct and up to date. You must not impersonate someone else or provide an email address other than your own. You agree to use the Foodspotting Site, Services, mobile apps in a manner consistent with their intended use and You must not use any Foodspotting Services as a generic image hosting service for banner advertisements, graphics etc.
You are responsible for your account security and activity
You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage caused by your failure to comply with this security obligation.
You will be held responsible for all Your Content posted and all activity that occurs under your account.
Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You are responsible for whatever you post and may not be able to take it back
You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
By submitting or posting Content to Foodspotting, while you retain intellectual property rights to Your Content, you understand that you may not be able to remove or edit your content within Foodspotting. While we will make a reasonable effort to enable you to edit or remove content, the public, indexed nature of Foodspotting makes it impossible to guarantee that content can be removed or changed entirely.
Only contribute content that's yours
All content posted on the Service must comply with U.S. copyright law. You represent and warrant that (i) you own or otherwise possess all rights to use your User Submissions; (ii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual's identifying or personal information; (iii) you are authorized to grant all of the rights described in the Foodspotting Terms of Service; and (iv) the use of your User Submissions as contemplated by this Agreement will not infringe or violate any intellectual property, privacy, publicity, contract or other rights of any person or entity.
If you do not have the right to submit Content for such use, it may subject you to liability. Foodspotting will not be responsible or liable for any use of your Content by Foodspotting in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Your content always belongs to you
We claim no intellectual property rights over the material you provide to Foodspotting Service. You retain copyright and any other rights you already hold in any Content which you submit, post or display on or through the Service. Content you contribute to Foodspotting remains yours.
By contributing it, you grant Foodspotting rights to display and use it
By submitting, posting or displaying Content on or through the Services, you grant Foodspotting a worldwide, non-exclusive, perpetual, irrevocable, fully paid, royalty-free license (with the right to sublicense and transfer) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed) in connection with the Foodspotting Service or promotional materials.
Your content may be modified for technical reasons
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
We welcome commercial use of Foodspotting by small businesses and organizations for the following purposes, as long as your relationship to the business is clear: sharing photos of food available at your small business; incentivizing users to spot foods at your business; creating guides including foods created by your business; and hosting competitions to promote your business or event. Any other commercial use, must be approved in advance by Foodspotting. We do not permit commercial users to incentivize other users to vote up (or “nom”) their foods on Foodspotting. Please contact us at team [at] foodspotting.com with a description of your intended use.
We reserve the right to remove content and accounts
Foodspotting, in its sole discretion, has the right to remove content and suspend, terminate or deactivate your account at any time, without notice and without liability, for any reason, including but not limited to violation of Terms of Service, infringing on Intellectual Property and inactivity. We reserve the right to reclaim any username created by a Foodspotting user on behalf of businesses or individuals that hold legal claim or trademark on that username.
We reserve the right to monitor and review Your Account, Your Content and your activity for compliance with these Terms of Service. We may terminate or suspend your account or ability to use the Service if you breach the Terms of Service, and we may remove any Content that unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property rights.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Foodspotting customer, employee, member, or officer may result in immediate account termination.
You may deactivate your account, but contributed content may remain
You may request to deactivate your account at any time by contacting Foodspotting. If you deactivate your account, we will use commercially reasonable efforts to stop displaying your profile on the Service, but may continue to display Your Content, particularly as it involves others (e.g., if you created a Sighting that other users have commented on and augmented).
Access to your content is not guaranteed
Termination, suspension or deactivation could prevent you from accessing your account, the Service, Your Content, Service Content, or any other related information. Upon termination, suspension or deactivation, you retain ownership of Your Content you've contributed or created, but access to Your Content within Foodspotting may be restricted. We have no obligation to retain or provide you with copies of Your Content. You are responsible for backing up and archiving your content.
We care about legitimate copyright infringement
It is Foodspotting's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
To file a claim of infringement, please use the format suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Service) to send a notice -- including (1) the location of the copyrighted work described in sufficient detail so that we may find it on the Service, (2) a link to the original location of the content in question, (3) adequate contact information for us to contact you promptly (phone number and email address is preferred), (4) the statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed," and (5) a digital or physical signature -- to the following address:
Foodspotting
Attn: Copyright Infringement
1 Bayside Village Pl, Apt 211
San Francisco, CA 94107
Email: copyright@foodspotting.com
Be aware that if you materially misrepresent that a product or activity is infringing your copyrights, you may be liable for any damages (including costs and attorneys' fees). If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Do not use the Service for any illegal purposes
You agree that you will not, and will not assist or enable others to:
Do not violate the Service or its security
You agree that you will not, and will not assist or enable others to:
Unless you have agreed otherwise in writing with Foodspotting, nothing in the Terms gives you a right to use any of Foodspotting's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
The look and feel of Foodspotting is copyright © 2009-2010 Foodspotting. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Foodspotting.
Foodspotting’s rights apply to the Foodspotting APIs and all output and executables of the Foodspotting APIs, excluding any software components developed by You which do not themselves incorporate the Foodspotting APIs or any output or executables of the Foodspotting APIs. Foodspotting owns all rights, title, and interest in and to the Foodspotting APIs.
You acknowledge and agree that Foodspotting (or Foodspotting licensors and their suppliers, as applicable) own all legal right, title, and interest in and to the Service and Content, including any intellectual property rights that exist in the Service and the Content (whether or not those rights are registered) wherever in the world those rights may exist.
Foodspotting and the Foodspotting wordmark are trademarks of Foodspotting.
The “I [Camera] Food” logo is a trademark of Foodspotting.
The Foodspotting application programming interface (“Foodspotting API”) is a Service that allows licensees and pre-approved licensees to obtain and display certain Foodspotting Content. Your license to the Foodspotting APIs under this TOS shall continue until it is terminated by either You or Foodspotting. You may terminate the license by discontinuing use of all or any of the Foodspotting APIs. Foodspotting may change, suspend, terminate, or discontinue any aspect of the Foodspotting APIs at any time, including the availability of any Foodspotting APIs or the presence of advertising from third party advertisers. Foodspotting may also impose limits on certain features and services or restrict Your access to parts or all of the Foodspotting APIs or the Foodspotting Site or mobile apps without notice or liability. Foodspotting shall not be liable to You or any third party should Foodspotting exercise its right to modify or discontinue the Service or part of it.
You are granted a limited, non-sublicensable right to access the API, use the Services and Foodspotting Content for Your personal, non-commercial, and informational use only. A use is considered to be commercial if the primary purpose of Your application is to derive revenue. Commercial users are required to obtain approval from Foodspotting by contacting “team [at] foodspotting [dot] com” prior to implementation of the Foodspotting API. We reserve the right, without notice and in our sole discretion, to terminate Your license to use the API, and to block or prevent future access to and use of the API.
This license is subject to the following restrictions:
Content provided to You through the Foodspotting API may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Foodspotting, its partners, or other third party rights holders of content displayed by us. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Unauthorized use of the Foodspotting logo, marks, or brands is strictly prohibited. You shall place the following notice prominently on Your application: “This product uses the Foodspotting API but is not endorsed or certified by Foodspotting.” Your use of the Foodspotting logo or any of the Foodspotting marks or brands is subject to these terms, the terms found elsewhere on the Foodspotting Site, or prior written approval by Foodspotting. Any use of the Foodspotting logo in Your application shall be less prominent than the logo or mark that primarily describes the application. Your use of the Foodspotting logo shall not imply any partnership or endorsement by Foodspotting.
Feedback is welcome, but we cannot offer other recourse
If you are dissatisfied with the Service, please provide feedback through the provided feedback mechanisms. Your only other remedy with respect to any dissatisfaction with (i) the Service, (ii) the Terms of Service or Privacy Policy, (iii) any policy or practice of Foodspotting in operating the Service, or (iv) any content or information transmitted through the Service, is to terminate the Terms of Service and your account.
We may display targeted advertising on our Site
Some of the Foodspotting Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to Foodspotting Content, User Generated Content, queries, or other information. The manner, mode, and extent of advertising by or permitted by Foodspotting on the Site and mobile apps are subject to change without specific notice to you. In consideration for Foodspotting granting you access to and use of the Site, mobile apps, and Services, you agree that Foodspotting may place such advertising on the Site, mobile apps, and APIs.
We can change or discontinue the Service at any time
Foodspotting reserves the right to modify, update, place limits on, charge for or discontinue the Service or aspects of the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
We make no promises
You expressly understand and agree that your use of the Service is at your sole risk and that the Service is provided "AS IS" and "AS AVAILABLE." in particular, Foodspotting does not represent or warrant to you that:
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Foodspotting or through or from the Service shall create any warranty not expressly stated in the terms.
Foodspotting further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Our liability is limited
You expressly understand and agree that Foodspotting and its licensors shall not be liable to you for:
Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.
The limitations on Foodspotting's liability to you shall apply whether or not Foodspotting has been advised of or should have been aware of the possibility of any such losses arising.
Foodspotting's maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of (i) the amount paid, if any, by you to Foodspotting in connection with the Service in the 12 months prior to the action giving rise to liability or (ii) US$100.00.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in San Francisco County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you have any questions regarding our Terms of Service, please contact us by sending an email to team [at] foodspotting [dot] com.
